Action brought on 27 August 2018 — European Commission v Ireland

(Case C-550/18)

(2018/C 436/28)

Language of the case: English

Parties

Applicant: European Commission (represented by: L. Flynn, T. Scharf, G. von Rintelen, Agents)

Defendant: Ireland

The applicant claims that the Court should:

—

declare that, in relation to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ 2015, L 141, p. 73), Ireland has failed to adopt by 26 June 2017 at the latest all provisions transposing that Directive or, in any event, has failed to notify the Commission of any such measures, such that Ireland has failed to fulfil its obligations under Article 67(1) of that Directive;

—	impose a penalty payment on Ireland pursuant to Article 260(3) TFEU in the amount of EUR 17 190,60, with effect from the date of the judgment of the Court, for failure to fulfil its obligation to notify measures transposing Directive (EU) 2015/849;

—	impose the payment of a lump sum on Ireland pursuant to Article 260(3) TFEU in the amount of daily amount of EUR 4 701,20 per day multiplied by the number of days of continued infringement with the minimum lump sum of EUR 1 685 000; and

—	order Ireland to pay the costs.

Pleas in law and main arguments

By virtue of Article 67(1) of Directive (EU) 2015/849 Member States must bring into force the laws, regulations and administrative provisions necessary to comply with that Directive by 26 June 2017 and must immediately communicate the text of those measures to the Commission. Given the on-going lack of transposition of that Directive, the Commission decided to commence proceedings before the Court of Justice.